Tag Archives: Judicial Estoppel

Sixth Circuit Continues with Minority of Circuits in Applying De Novo Standard of Review to Application of Judicial Estoppel

          The Sixth Circuit in Javery v. Lucent Technologies Inc. has declined to address the continuing viability of the de novo standard for judicial estoppel.  While the Javery Court recognized that the Supreme Court characterizes judicial estoppel as an equitable remedy invoked by the court at its discretion and that the majority of federal courts review for abuse … Continue Reading

Decrying Gamesmanship, the Sixth Circuit Affirms Application of Judicial Estoppel to Bankruptcy Petitioner

In a ruling that puts bankruptcy petitioners on notice of the perils of “gamesmanship,” the U.S. Court of Appeals for the Sixth Circuit has ruled that, where a petitioner asserts a position before a bankruptcy court contrary to that later asserted before a district court and where she had a motive to act in bad … Continue Reading